What is the fundamental difference between the natures of the two tests discussed in this case?
Read Case 13-2, Williams vs. Braum Ice Cream Store, Inc., located in your textbook in Chapter 13 on pages 354-355. In this case, the court set forth the two tests used in various jurisdictions to decide whether a breach of warranty of merchantability exists. The court explained both the foreign-natural test and reasonable expectations test. The case arose after the plaintiff broke a tooth on a cherry pit that was in cherry-pecan ice cream.
Read this case carefully, and then respond to the questions posed below.
- Summarize the relevant facts of the case.
- What is the conclusion?
- What is the fundamental difference between the natures of the two tests discussed in this case?
- Which of the two tests is more likely to yield ambiguous reasoning when applied?